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Cases challenge no-parole terms for young adult killers | Taiwan News
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Justices Refuse To Limit Life Sentences For Minors By
Jack Karp | April 22, 2021, 4:22 PM EDT Juveniles convicted of murder can be sentenced to life in prison without parole without being found to be permanently incorrigible by a judge, the U.S. Supreme Court ruled Thursday.
In a 6-3 decision in Jones v. Mississippi, the justices held that the Eighth Amendment does not require judges to find that a person convicted of a murder they committed before they were 18 is forever irredeemable before sentencing them to life without parole.
The petitioner, Brett Jones, who was given such a sentence after being convicted of murder for killing his grandfather when he was 15, had argued that the high court s rulings in two previous cases Miller v. Alabama and Montgomery v. Louisiana barred the judge in his case from condemning him to life in prison without first finding that he was permanently incorrigible, a standard that comes from the Montgomery decision.
Ending mass incarceration requires a fresh look at a cornerstone: harsh sentencing, particularly the use of sentencing enhancements that tack years onto already excessive prison terms. Thankfully, Illinois is doing just that.
How did we get here? Illinois’ mandatory gun enhancements are the most severe in the United States. They make long prison sentences even longer. Even worse, judges are not allowed to use their discretion regarding whether the gun was used in the crime. Possession alone tacks years on. And that’s how we end up with overcrowded, unsafe prisons.
Illinois law sensibly excludes people under 18 years old from mandatory sentencing enhancements. A bill in the General Assembly, HB 2989, would extend this good idea in the current Youth Firearm Sentencing Law to people under 21 years old, building on what we’ve learned about impulsive adolescent brains. Emerging adults have unique development characteristics that require a different approach from the legal sy
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